WVC 22 C- 4 - 16
§22C-4-16. Collection, etc., of revenues and funds and
enforcement of covenants; default; suit, etc., by
bondholder or noteholder or trustee to compel
performance of duties; appointment and powers of
receiver.

The board for any such authority has power to insert
enforceable provisions in any resolution authorizing the issuance
of bonds or notes relating to the collection, custody and
application of revenues or of the authority from the operation of
the solid waste facilities under its control or other funds
available to the authority and to the enforcement of the covenants
and undertakings of the authority. In the event there is default
in the sinking fund provisions aforesaid or in the payment of the
principal or interest on any of such bonds or notes or, in the
event the authority or its board or any of its officers, agents or
employees, fails or refuses to comply with the provisions of this
article, or defaults in any covenant or agreement made with respect
to the issuance of such bonds or notes or offered as security
therefor, then any holder or holders of such bonds or notes and any
such trustee under the trust indenture, if there be one, have the
right by suit, action, mandamus or other proceeding instituted in
the circuit court for the county or any of the counties wherein the
authority extends, or in any other court of competent jurisdiction,
to enforce and compel performance of all duties required by this
article or undertaken by the authority in connection with the
issuance of such bonds or notes, and upon application of any such
holder or holders, or such trustee, such court shall, upon proof of such defaults, appoint a receiver for the affairs of the authority
and its properties, which receiver so appointed shall forthwith
directly, or by her or his agents and attorneys, enter into and
upon and take possession of the affairs of the authority and each
and every part thereof, and hold, use, operate, manage and control
the same, and in the name of the authority exercise all of the
rights and powers of such authority as found expedient, and such
receiver has power and authority to collect and receive all
revenues and apply same in such manner as the court directs.
Whenever the default causing the appointment of such receiver has
been cleared and fully discharged and all other defaults have been
cured, the court may in its discretion and after such notice and
hearing as it deems reasonable and proper direct the receiver to
surrender possession of the affairs of the authority to its board.
Such receiver so appointed has no power to sell, assign, mortgage,
or otherwise dispose of any assets of the authority except as
hereinbefore provided.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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